Files
Download Full Text (1.4 MB)
Publication Date
Spring 2025
Description
This piece explores the rules and standard of review for municipal liability outlined in Monell and then Brown by defining the purpose of those court decisions and outlining the custom and policy requirements. Then, this piece discusses three Fifth Circuit cases that outline the current approach the appellate body takes in analyzing Section 1983 municipal liability claims. Next, several cases from other circuit courts and their application of Section 1983 for municipal liability are analyzed. Then the Fifth Circuit Court application of Section 1983 is compared and contrasted to the application of the other circuit court cases. Finally, several questions left unanswered in case law will be examined, namely, what evidence is sufficient to prove custom. To conclude, potential solutions will be presented to address the plaintiff’s difficulties in meeting the evidentiary burden for Section 1983 under Monell.
Digital Publisher
Digital Commons
Collection
Showcase Presentations-2025
Format
Medium
Powerpoint